NewJeans sued in U.S. over 'ETA' copyright infringement allegations, label says song was sourced through Min Hee Jin's team

NewJeans has once again become embroiled in plagiarism allegations, this time facing a copyright infringement lawsuit in the United States over their hit song "ETA."

According to court filings, U.S. music publishing company All Surface Publishing filed a copyright infringement lawsuit against NewJeans' "ETA" on July 7 in the U.S. District Court for the Central District of California.

Dispatch reported that it obtained a copy of the complaint. The lawsuit names NewJeans, producer 250, lyricist Beenzino (Lim Sung Bin), HYBE, ADOR, BANA (Beasts And Natives Alike), and Apple, which used the song in an advertising campaign, as defendants.

NewJeans released their EP 'Get Up' in July 2023. The album propelled the group to No. 1 on the Billboard 200 just one year after their debut, while the B-side track "ETA" also entered the Billboard Hot 100.

All Surface Publishing alleges that "ETA" unlawfully copied elements from "Samir's Theme," a track released in 2005 by Baltimore club music producer DJ Debonair Samir.

According to the complaint, "ETA" allegedly incorporates the horn melody featuring the syncopated rhythm from "Samir's Theme," along with its sixteenth-note rhythmic structure and bass drum pattern without authorization.

The plaintiff argues that the two songs share "substantial similarities both quantitatively and qualitatively," including "original melodic and rhythmic elements." It further claims that "Samir's Theme" had already been widely distributed internationally, making it accessible to the defendants, and that the similarities are too significant to reasonably conclude the work was independently created.

The lawsuit seeks a permanent injunction against the alleged infringement, disgorgement of profits earned by the defendants, compensatory damages, and statutory damages of up to 150,000 USD per infringed work if the court determines the infringement was willful.

In a statement to Dispatch, NewJeans' side said, "The song in question was sourced through BANA, which was selected by then-CEO Min Hee Jin. We are currently reviewing internal records to determine whether former CEO Min properly conducted a similarity review of the track at the time."

Meanwhile, NewJeans is also currently involved in a separate plagiarism dispute concerning their song "How Sweet." Both "ETA" and "How Sweet" were executive-produced by former ADOR CEO Min Hee Jin, who also received the Golden Disc Awards Producer Award for her work on 'Get Up.'

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